Moore Than Fitness 

 

These are Terms & Conditions we, Moore Than Fitness Pty Ltd ABN: 21656995407, are willing to provide the Membership agreement to you.

 

Parties to this agreement: “facility” or “club” or “gym” mean Moore Than Fitness. “Member” means the person that has agreed to this contract

 

Membership Type (Membership Name)

1.1 Fortnightly/weekly membership option is based on recurring direct debit from a nominated bank account or credit card, unless terminated by Moore Than Fitness Individual Membership subscribers will be billed (XXX) each fortnight in addition to once off administration fee and (XXX) for each direct debit transaction.

1.2 Any persons under the age of 18 will require a parent of guardians’ consent in you being a member of Moore Than Fitness and will be liable for your obligations in this agreement.

 

2. Club Orientation

2.1 It is a condition of this Agreement that you participate in an initial member orientation program. This orientation focuses on the safe and correct use of equipment provided at the Club. Moore Than Fitness may suspend or terminate this Agreement in the event of unsatisfactory completion of the club orientation prior to the commencement of exercise.

 

3. General rules & Behaviour

3.1 Members are required to be always courteous to other Members and staff. Rude or abusive behaviour will not be tolerated. Members must comply with all staff instructions regarding exercise and safety.

• no smoking

• food or alcohol

• drug taking

3.2 Out of respect for fellow Members: All Members must comply with Moore Than Fitness' clothing etiquette

• T-shirt or razor back top as a minimum for upper body

• Shorts and gym leggings as a minimum for lower body. 

• Closed toe shoes must be worn at all times. 

 

3.3 Out of respect for fellow Members: equipment seats must be wiped down after completing each station an any equipment used by you must be put back.

Also, no towel no training!!

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4. Promotions

4.1 Members agree to allow Moore Than Fitness to contact you regarding ongoing membership information and promotions.

 

5. Club Access

5.1 Membership subscribers are entitled to use the facility within the clubs opening hours, these may change due to owners discretion.

5.2 Moore Than Fitness may change hours to be unmanned if so, Members will be issued a membership fob that enables access to the club for a fee of $30.00. Each visit, members must register by swiping their membership fob at the main entrance door prior to entering the club. If at any stage your access fob is lost or damaged, please contact the Club immediately to cancel and reassign another at the charge of $30.00.

5.3 Memberships can only be used by the assigned fob owner. Any member permitting unauthorised access to non-members into the club will incur a fine of $99.00, this will be automatically debited on the net direct debit date and the member will incur automatic suspension of access. Reactivating of membership access will be at the discretion of the Club manager.

5.4 Any casual visits, Trials, or guest pass must only be used during staffed hours and MUST be processed by a team member before they enter the Club.

5.5 Membership to Moore Than Fitness is for individuals only and its benefits cannot be shared with other individuals or groups. A Member must be 18 years or older, in good health and have the approval of their doctor to exercise if the Members PARQ had more than one “YES” ticked on the PARQ.

Members must freely warrant to Moore Than Fitness that they do not have any physical/ medical condition that may affect their ability to exercise and without aggravating injury. Moore Than Fitness reserves the right to grant, refuse or revoke membership rights at its absolute discretion.

 

6. Membership Start Date

6.1 Memberships will be activated on the date of request providing the following forms have been completed in full and submitted: New Membership Application Form, Clubfit Payment Authority Form, Pre-Activity Readiness Questionnaire and the Terms and Conditions of the Club.

 

7. Suspending Memberships

7.1 Memberships may be suspended for a minimum of 2 weeks (1 debit cycles) and for a maximum of 8 weeks (4 debit cycles) every 12 months or to owners discretion. A written request must be made at least 3 full working days prior to the next direct debit cycle date.

 

8. Membership Terminations

8.1 This is an ongoing membership agreement. The agreement will continue until either you or the Gym Owner/Manager terminates the agreement. If an automatic arrangement is in place, membership fees will continue to be debited from your credit card or account until you or Moore Than Fitness cancels the arrangement by notifying Moore Than Fitness in person or writing (3/100 Barwon Terrace, South Geelong, 3220) or via email​.

8.2 You may terminate your membership within 48 hours of the joining date should you feel the Club does not meet your expectations or your circumstances have changed. This forms you cooling off period. During this time, you are entitled to a full refund minus any administration fees.

8.3 After the cooling off period you may terminate your membership provided you are financial with the direct debit period. This request to terminate must be in person or in writing. The Membership will be cancelled 30 days or earlier, from the date that the in person or written request was made.

8.4 Termination of membership agreement by us may occur immediately if you breach any of the Terms and Conditions governing the agreement.

8.5 Any terminated member who wishes to re-join Moore Than Fitness will need to pay a new Access Fob fee, if old Fob is returned.

 

9. Fees & Collections

9.1 To provide convenience to financial security, Moore Than Fitness aims to operate an “cash less” environment with all transactions processed through our direct debit collections agent of the clubs choosing and will only debit fees by authority of Moore Than Fitness. By accepting these Terms & Conditions you allow Moore Than Fitness to provide direct debit agency your listed account details via a secure and restricted gateway.

9.2 Fees will be debited on a fortnightly or weekly basis from the date on which your membership starts. 

9.3 Your first payment will include administration fees, your access fob (if applicable) fee and any proportional days between your start date and the next scheduled direct debit date.

9.4 Members will have 7 days to organise the payment if any dishonoured debit transaction. Failure to do so will result in suspension of access that may lead to cancellation of membership.

9.5 Members that fall into arrears will have their access or fob suspended and will be refused entry until such time that all arrears including the administration fee has been paid.

 

10. Personal trainers

10.1 The Personal Trainers are a blend of Moore Than Fitness staff a Personal Trainers who operate their own business. The Self-operating Personal Trainers must comply with all of our policies, procedures and service standards. Personal Trainers are encouraged to update their professional development training. Personal Trainers not hired or authorised by Moore Than Fitness may not train clients with The Gym Melbourne premises. All Personal Trainers must hold their own valid Public Liability and Public Indemnity Insurance.

 

11. Membership Transfers

11.1 Your membership subscription may not be transferred to any other person. Your membership is an agreement personal to you.

 

12. Completion of the Pre-Activity Questionnaire

12.1 No person will be provided with a fitness service irrespectively if they are a casual visitor or they enter a membership agreement unless they complete a pre-activity readiness questionnaire, provided by Moore Than Fitness that refers to the customer’s potential risk of participating in a fitness or exercise service.

12.2 Where answers to the questionnaire indicate that consumer may be at risk from participating in a particular fitness service, Moore Than Fitness will not supply any unsupervised fitness service to the consumer unless states and provides proof that they have received advise from a medical practitioner or any appropriate health and fitness professional to the effect that the consumer is, in the opinion of the practitioner or the health and fitness professional, not at risk of participating in the proposed fitness service.

12.3 Where Moore Than Fitness receives evidence that the consumer may be at risk from participating in an exercise activity, no fitness or exercise service will be provided until an appropriate qualified person has provided advice to the consumer in relation to an appropriate fitness program.

 

13. The Safety to You and Others

13.1 For the safety of any person and property inside the Club, 24-hour CCTV surveillance is recorded live.

13.2 In the event of an emergency please follow the emergency instructions posted within the Club.

13.3 At no time is a member to enter the Club under the influence of alcohol, illicit drugs and/ or medications that states strenuous activity to be avoided on its warning label.

13.4 At all times members must respect the property of Moore Than Fitness and of others and will be liable for any damages caused.

 

14. Unsupervised Facility

14.1 At a time to be determined Moore Than Fitness may become a facility that will be unmanned. Members realise and understand that they will be using an unsupervised Facility and are aware of the Inherent risks that come with that situation and agree to accept these risks in using the Facility.

 

15.  Security Surveillance and Patrols

15.1 Members recognise and accept that they will be video recorded whilst in the Facility for their own safety. The Video footage can be used in evidence if rules or breaches have occurred. Spot security patrols will occur requiring the supply of membership access fobs upon request. While in the Facility you must always have your membership access fob with you.

 

16. Personal Privacy

16.1 Moore Than Fitness is committed to respecting and upholding the individual’s rights to privacy protection under the National Privacy Principles contained in the Privacy Act 1988

16.2 All personal information collected is in the strictest confidence that it shall be securely safe guarded by Moore Than Fitness for restricted use as set out in these Terms and Conditions

16.3 Moore Than Fitness will not disclose to any person any personal information acquired by him or her from a member unless authorised, in writing, by the member.

16.4 All members give Moore Than Fitness permission to take their photo which is stored on their membership file.

16.5 Some Photos may be used in advertising to help promote the club (social media, brochure and flyer) If you do not wish to have your photo taken, please inform Moore Than Fitness and we will honour your request.

 

17. Membership Fee Increase

17.1 We reserve the right at any time after the minimum term of one fortnight to increase the membership fees on any given rolling direct debit Membership agreement. If we decide to increase Membership Fees, we will provide at least 28 days prior notice of the increasement by post or email to the addresses provided by you in the Membership application. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining.

 

18. Risk Management

18.1 To mitigate risk and ensure that you correctly operate or use and of the facility, services, products, or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.

18.2 We understand that your child may need to attend the gym when you are training, you will be responsible for your child. Any damages incurred by your child/children will at the members cost. Please keep an eye on your child for their safety and other members. There will be child friendly facilities at the club, but Staff are not babysitters.

 

19. Responsibility for Damage

19.1 You are solely responsible for any damage which you may cause to Moore Than Fitness, its facilities, services, products, or equipment. If such damage is caused by your wilful act and/ or negligence.

 

20. Age Policy

20.1 Minors under the age of 18 and above the age of 12 are able to use the gym under supervision of a parent/ guardian or Personal Trainer. These Minors must have signed consent from their parent/guardian in order for them to use the gym.

20.2 Minors between the age of 12-15 will not be able to use the gym unsupervised. Minors aged between 15-18 are able to use the gym but must have pre-exercise questionnaire parent/guardian consent.

 

21. Damages/ Personal Injury

21.1 Whilst training in Moore Than Fitness you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring.

21.2 When any near miss or injury occurs a “near miss or injury form” must be completed from the person that was injured, a member of staff and a possible witness. Please see staff member to access this form.

 

22. Lockers, Valuables and Lost Property

22.1 Storage lockers are available at the gym; however, these are not secure or security devices.

22.2 To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker. We also recommend that you keep all valuables with you while using the Club.

22.3 The Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.

22.4 As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Staff. Moore Than Fitness will hold items for two weeks and then donate to a local charity.

 

23. Acknowledgements

23.1 You acknowledge that you will use your best endeavours to exercise safely and that you will not take valuables into Moore Than Fitness. We will comply with the statutory conditions by ensuring that the services supplied to you are rendered with due care and skill; and as fit for the purpose for which that are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to us. The exclusion of liability below applies to death and personal injury but does not operate to excuse any breach by us of the statutory conditions that result in loss or damage to your personal property.

 

24. Limitation of Liability, Release and Indemnity.

24.1To the extent permitted by law, Moore Than Fitness shall not be liable or responsible to a Member for any direct, indirect, or consequential injury, loss or damage to the Member or the property of the Member whatever and however arising.

24.2 Members recognise that they exercise at Moore Than Fitness entirely at their own risk and to the maximum extent permitted by the law will not hold Moore Than Fitness or any of its management or trainers liable for any loss, damage or injury caused.

* I assume full responsibility for any injuries or damages which may occur to me.

* I assume full responsibility for any loss of or damage to my personal property.

* I agree to use the equipment in the Facility without any supervision or instruction at my own risk.

This waiver shall include any and all claims, demands, damages, causes of action, present or future, whether known or unknown, resulting from my use of the Facility or its equipment.

 

Additional clause:

25.1 Management reserves the right to amend terms & conditions, hours of operation and services available in accordance with the changing requirements of the Club.

25.2 Moore Than Fitness may make /amend rules for the Club at any time. All members must comply with any rules that are put in place for the Club. Any updated rules changes will be displayed on our website.

25.3Membership freeze

If we are required by State or federal government to temporarily close our club, we will freeze your membership for that closure period.

If this occurs:

You are entitled to request a cancellation of your membership during the closure period (cancellation fees will apply) but processing of the cancellation period may be delayed until the closure period has ended.

 

Please refer to clause 8 in relation to terms that apply to the cancellation of your membership.

 

Unless the law requires otherwise, membership freezes which occur as a result of a closure period are not classified as full payment toward your contract and will incur a $X fee per week which will afford your ongoing access to the digital workouts.

 

Classes may still operate via a digital platform of which the closure period membership freeze is not applicable.

25.4.     Pandemic closure

Your reasons for early termination in clause 8 are subject to the government restrictions and regulations surrounding pandemics and in the event that restrictions and lockdowns are in place which:

a) cause a closure to your club for any period of time; or

b) imposes limitations on your access and manner in which you can attend and utilise your club; earlier termination will not be acceptable.

 25.5Children on premises

Children who are on the premises with their parent/guardian (membership holder) may access the “kids’ corner” however the club does not offer child minding service.

Any children in attendance with the membership holder are the responsibility of the membership holder. For older children wishing to access the club please refer to clause 20.

Please ensure any area utilised or accessed during your visit is kept clean and tidy.

 

 

Please take the time to read the Terms and Conditions carefully to ensure you understand all relevant details. We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Membership Application.

 

MEDICAL CONDITIONS

I hereby agree that I have informed Moore Than Fitness of my following medical conditions (if any) and hold no claim against Moore Than Fitness in the event of injury or death.